WILLIAM PAUL v ARCHIBALD GIBSON (Court of Session)

The abstract of the state, to which the claims and affidavit referred, was as follows:

APPORTIONMENT. The Estates of Thomas Anderson. The Estates of John Anderson. 1 st, Alexander Anderson's family, L.43,496 2 6 L.8,548 11 5½ Whereof one-third to the relict, 14,498 14 2 2,848 2 10 For the children, two-thirds, . L.28,997 8 4 L.5,780 8 7½ 2 d, Alexander Bain's family, . L.43,496 2 6 L.8,543 11 5½ Whereof one-third to the relict, 14,408 14 2 2,848 2 10 For the children, two thirds, . L.28,997 8 4 L.5,700 8 7½

The other five claims and affidavits were in the same terms, differing only in the sums according to the interest which the parties had in the succession; and the same state in reference to these affidavits was subscribed by them all.

Mr Shand was only one of two executors of John Anderson, who again was only one of four executors of Thomas. The claimants, therefore, have all the security of the co-executors, besides that of Mr Shand; and as they have not stated or valued these additional securities, their claims cannot be sustained.

The sums stated in the account referred to in the affidavits are entirely fictitious, and are not only not supported, so as to make a prima facie case of debt, but are contradicted by the productions.